Local News - June 2002

Board election method stays

By ANDIE LEATHERMAN, LTN Staff Writer

Lincoln County’s school board voted unanimously Friday to recommend no changes in how its seven members are elected.

The vote comes after county election Supervisor Judy Caudill asked the school board for clarification on how to interpret a 1974 voting district law.

That law created two seats in the Lincolnton Township, one inside the city limits and one outside. In February, board member Tony Jenkins raised questions about whether the 1974 or current city limits should be used. Since 1974, the City of Lincolnton has annexed eastward, moving into the Ironton Township. Who can run for the city seat on the school board has kept pace with annexation.

Jenkins lives in Ironton but holds the board’s at-large seat.

The board also voted unanimously to ask the General Assembly to make the election law more specific in hopes of clearing up the controversy. If county commissioners and the local legislative delegation agree, Rep. Joe Kiser, R-Vale will introduce a bill in the short session which would define inside-the-city-limits as the city limits at the date that the filing period opens.

The seat for every other township would include only those portions of the township that exist outside the city limits on the date the filing period opens.

Kiser will have to work fast.

“Time is of the essence if we’re going to do anything. The bill has to be introduced June 15,” he told board members during the meeting. Kiser was the only legislator there.

The school board’s recommendation and push for legislation ignores board attorney David Black’s advice. Black told the board Friday that using the 1974 city limits would allow more people to run this year. The Lincolnton-inside-city-limits seat will not be up for election until 2004. Because the city was smaller in 1974, the portion of the Lincolnton Township which was outside city limits then was much larger.

“To tell her (Caudill) to do things as in the past would be more restrictive for this election. More people would be qualified to run under the strict (1974) interpretation,” Black said.

Despite the board’s recommendation, people living in the portion of Lincolnton which was not annexed before 1974 may file for office today, according to Black.

“Nothing stops them from filing on noon Monday,” Black said during the Friday meeting.

Even if the General Assembly specifies that the Lincolnton-outside-city-limits seat is defined by current city limits, that will not bar anyone from running who registered before that decision was made into law, according to Kiser.

“I don’t believe you can pass a law that will be retroactive,” he said.

Board member Tommy Houser appeared frustrated by the whole issue.

“There wasn’t any problem ’til people started digging,” he said during the meeting.

Jenkins, who brought the issue up, defended his move.

“The problem needed to be addressed,” he said.

According to board member Fred Jarrett, Clarence Leatherman, who served as the board attorney until 2000, had said there was no problem with the way districts were drawn. Leatherman died earlier this year.

“Council said everything was OK,” Jarrett said.

According to board Chairwoman Jean Dellinger, the issue was never discussed in detail.

Robin Brown, who previously served on the school board and plans to file as a candidate today, applauded the board for not taking action on redistricting, another issue which came up in February. However, Brown does support a long range redistricting plan.

“It’s the best thing they could have done. Changing anything now would have been a hasty move and caused confusion,” she said.

That issue was raised in February when Jenkins questioned how districts are drawn. According to Black, the current plan is unconstitutional.

Presently, there is one board member each from North Brook, Howards Creek, Ironton and Catawba Springs townships, two from the Lincolnton Township, inside and outside-city-limits, and one at-large member.

According to Black, the fact that voters can cast their ballot for seven candidates while only being able to run for the seat in their township and the at-large seat, the system is unconstitutional.

Based on 2000 census figures and federal election laws, continuing under a district representation system would require redrawing Lincoln County’s voting lines to balance the districts demographically or adjusting the number of representatives per district — actions the board rejected in May as too costly and confusing to voters.

Under an electoral district plan using 2000 census figures, North Brook Township, where 5,175 residents were counted, would be allotted one representative, while Catawba Springs Township’s 14,852 residents would qualify it for three seats.

Brown would like to see the board consider the 11-member system.

“I think our children need more representation, especially in Catawba Springs there needs to be more members added,” she said.

© 2001 Lincoln Times-News  

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